Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 5 - Water Quality
Section 401 KAR 5:015 - Releases to be reported to the division
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.1-400 requires any person who possesses or controls pollutants or contaminants to immediately report certain releases of pollutants or contaminants into the environment to the cabinet. KRS 224.10-100 requires the cabinet to provide for the prevention, abatement, and control of water pollution. This administrative regulation establishes that releases of pollutants or contaminants that could result in or contribute to pollution of the waters of the Commonwealth from any source other than a KPDES-permitted facility, shall be reported to the division. This administrative regulation establishes reporting timeframes and mechanisms that enable the division to determine what action is necessary to protect public safety and mitigate or reduce the effect of the release.
Section 1. Any person having knowledge in advance of the necessity to release a "pollutant or contaminant", as defined by KRS 224.1-400, which could result in or contribute to pollution of the waters of the Commonwealth, shall notify the Division of Water before the release is commenced. Notification shall be given as far in advance as possible.
Section 2. Emergency Reports. If by reason of emergency or accident a release of "pollutants or contaminants", as defined by KRS 224.1-400, is threatened or occurs, which could result in or contribute to the pollution of the waters of the Commonwealth and that could present an imminent or substantial danger to public health or welfare, the person possessing or controlling the pollutant or contaminant shall, as soon as the person has knowledge of any release of a pollutant or contaminant from a site to the environment, immediately notify the division by calling the cabinet's twenty-four (24) hour environmental emergency telephone number at (800) 928-2380.
Section 3.
Section 4. A person failing to report as required by Sections 1 through 3 of this administrative regulation shall be subject to the penalties provided by KRS 224.99-010.
STATUTORY AUTHORITY: KRS 224.1-400, 224.10-100